The Justice for Agriculture Trust (JAG) and Justice for
AgricultureMembership Association (JAGMA) stand firm with the Zimbabwe
Lawyers forHuman Rights (ZLHR) and fully endorse and support their urgent
appeal onthe Constitutional Amendment (No. 17) Act to the Special
Rapporteur,dealing with the independence of judges and lawyers in the office
of theHigh Commissioner for Human Rights at the United Nations,
Geneva.

JAG and its Membership Association is seeking to join with the
ZimbabweLawyers for Human Rights, other human rights organisations and
widerstakeholders in the launching of an international challenge case
againstthis appalling amendment if, God forbid, it is assented by the
presidentinto enforceable law.

Herewith below the Lawyers for Human
Rights appeal as referred to above:

Zimbabwe Lawyers for Human Rights (ZLHR) is a registered
professionalmembership organisation of lawyers working for the promotion and
protectionof human rights in Zimbabwe. We hold Observer Status with the
AfricanCommission on Human and Peoples' Rights, Affiliate Status with
theInternational Commission of Jurists, and form the Secretariat of the
SADCLawyers' Association Human Rights Committee.

We are calling on
you in your esteemed capacity as the Special Rapporteuron the Independence
of the Judges and Lawyers to make an urgentintervention in Zimbabwe on the
Constitutional Amendment (No. 17) Bill,which was passed by the Parliament of
Zimbabwe on the 30th of August 2005.As we appeal to you, the Act is awaiting
Presidential assent and willbecome enforceable thereafter.

In
summary, the Constitutional Amendment Act No.17 seeks to confirm
theacquisition by, and vesting of full title in, the State of
agriculturalland for resettlement purposes which took place pursuant to the
Land ReformProgramme beginning in 2000 without compensation (except for
improvementseffected prior to acquisition), and provide for the acquisition
in thefuture of agricultural land for resettlement and other purposes by
theinsertion of Section 16B. The Act will allow for the
retrospectiveoperation of the law in relation to such acquisition and
vesting of fulltitle. It will further remove the jurisdiction of the Courts
of Zimbabwe todetermine the merits of any such acquisition or any other
matter relatingto that land as envisaged by section 18(9) of the
Constitution.

Section 18(9) of the Constitution provides that `Subject to
the provisionsof this Constitution, every person is entitled to be afforded
a fairhearing within a reasonable time by an independent and impartial court
orother adjudicating authority established by law in the determination of
theexistence or extent of his civil rights or obligations.' The effects of
theprovisions in the Bill will effectively render this protection of no
valueto affected litigants.

Once the President has assented to the
Act, the State will be empowered toacquire property, in particular land,
without notice to affected landownersor the possibility of them challenging
such acquisition through the Courtsof Zimbabwe. `Agricultural land' is not
defined in the Bill, and thereforea majority of landowners in Zimbabwe today
can potentially be affected. Anyanomaly in the gazetting or acquisition of
the land cannot be contested incourt as long as it is purportedly carried
out in terms of the newConstitutional Amendment Act.

As a result of
this Act, an entire category of landowners will effectivelyhave their
constitutional right to protection from deprivation of propertysummarily
removed, on the basis that they own agricultural land.

The Constitution
itself in its current form provides that all persons areentitled to the
fundamental rights and freedoms contained in theDeclaration of Rights. It
provides under Section 23(1) (a) and (b) that nolaw shall make any provision
that is discriminatory either of itself or inits effect and that no person
shall be treated in a discriminatory mannerby any person acting by virtue of
any written law or in the performance ofthe functions of any public office
or authority. Again, this protection hasbeen overridden by the provisions of
the Bill.

We draw your attention to the contemplated ouster of the
jurisdiction ofthe Courts of Zimbabwe, which will prevent the Judiciary from
consideringwhether the actions of the other arms of government are within
the confinesof the Constitution and other relevant laws of the land. This
contravenesfundamental international human rights instruments which Zimbabwe
hasratified and which protect the independence of the Judiciary such as
theInternational Covenant on Civil and Political Rights (1991),
AfricanCharter on Human and Peoples Rights (1986) and the International
Covenanton Economic, Social and Cultural Rights (1991) among others. It
alsoundermines the very principle of constitutionalism, which requires
aseparation of powers and the protection of the independence of
theJudiciary.

There are currently a plethora of land cases already
before theAdministrative Courts, the High Courts, and the Supreme Court of
Zimbabwe,which will be affected by this provision. They will be
prematurelyterminated should this provision pass, notwithstanding the
individualmerits and circumstances of each case and will provide no
compensation forlitigants for their wasted costs. Some cases have been in
the court systemfor many years now.

There is also concern that the
Judiciary itself was not consulted on such ablatant withdrawal of its
constitutional mandate and encroachment by theExecutive and Legislature into
its jurisdiction. The Legislature has, bypassing the Act, condoned potential
future ousters of the functions of theJudiciary by the Executive in other
areas, which could eventually lead to acomplete removal of the Courts of
this land, causing a complete breakdownof the rule of law and no legal
protection for any person living inZimbabwe whose rights and fundamental
freedoms are violated.

The Courts of the land are effectively being
reduced to legal advisors ofGovernment as and when it pleases because it can
now simply legislate thatit merely wants their opinion on certain issues,
which it can disregard atits pleasure, (for example around the issue of
quantum of compensation) butit is not willing to allow the courts to decide
on the lawfulness of itsconduct. Now the Courts cannot review patently
unlawful and orunconstitutional laws and or constitutional amendments. This
function willbe left to the Executive and its disputed majority in
Parliament.

We therefore call on you in your capacity as the Special
Rapporteur onIndependence of Judges and Lawyers to make an urgent
intervention to thegovernment of Zimbabwe and the President in particular
to:

a) refrain from assenting to the Act by putting his signature to the
Bill;b) refer the Bill back to Parliament for removal of the provisions
whichundermine the independence of the Judiciary, their operating
environmentand shrink their jurisdiction;c) request the government of
Zimbabwe to carry out a wide andrepresentative consultative process with the
judiciary and all otherstakeholders before constitutional changes or reform
are enacted.

We look forward to your urgent intervention in this matter
in order tosafeguard the independence of the judiciary, to protect the
properfunctioning of the courts, to assure the people of Zimbabwe that they
canexpect a fair judicial hearing where their fundamental rights and
freedomsare endangered, and to restore the rule of law in
Zimbabwe.

Yours faithfully

Arnold TsungaDirectorZimbabwe
Lawyers for Human
Rights

--------------------------------------------------------------

Communique
2:

Today's Herald 09 September 2005 has listings of 42 properties under
Lot 27(Section 8) as follows:

WASHINGTON, Sept 9 (Reuters) - The International Monetary Fund's executive
board met on Friday to decide whether to expel cash-strapped Zimbabwe over its
unpaid arrears, a move that could deepen the beleaguered country's economic
isolation.

President Robert Mugabe's government coughed up $120 million last week to
stave off expulsion from the fund, raising the possibility the IMF would simply
issue a warning to the southern African nation.

Zimbabwe, which has been in continuous arrears to the IMF since February
2001, still owes $175 million to the fund.

Compulsory withdrawal is the last step in a series of escalating measures
that the IMF applies to members that fail to meet their obligations under the
fund's articles of agreement.

The IMF has forced out only one country, the former Czechoslovakia, in its
more than 60-year history.

If the executive board recommends Zimbabwe's ouster, the full board of
governors could vote on the issue at the fund's annual meeting later this month
in Washington.

Six years of rapid economic decline has left Zimbabwe with unemployment of
more than 70 percent, triple-digit inflation and acute food and fuel shortages.

Its crisis has been worsened by the withdrawal of aid by key donors who cited
policy differences with Mugabe, especially his forcible redistribution of
white-owned commercial farms among blacks.

Mugabe, in power since Zimbabwe's independence in 1980, denies he has
misruled the country and says opponents of his land reforms have sabotaged the
economy. Mugabe has recently sought financial aid from neighbor South Africa and
China.

In an editorial entitled "Zimbabwe can survive with or without IMF" on
Friday, the state Herald newspaper said the outcome of Friday's meeting should
not spell doom for the country "as the future of Zimbabwe and its prosperity
rests on its citizens."

But the paper conceded that remaining a member of the IMF was important and
would lessen Zimbabwe's heavy economic burden by reopening closed international
lines of credit.

"Zimbabwe, to a large extent, has done all it could have possibly done over
the six-month period to remain part of the IMF community and, if judged fairly,
should not be chucked out of the Fund today," the Herald said.

"However, if it so happens that we are booted out of the IMF, it will
certainly not be the end of the road for this country. We have survived up to
this day without financial assistance from the IMF and we are sure we could
still survive without them."

Zimbabwe's surprise payment last week raised questions about how the
government had raised the money when the country was facing a shortage of
foreign currency.

The government said the funds came from export earnings, inflows from
expatriate Zimbabweans and locals working for foreign-owned organizations who
are paid in foreign currency. Zimbabwe's arrears stood at $295 million before
the payment.

WASHINGTON, Sept 9 (Reuters) - The International Monetary Fund's
executive board on Friday postponed casting judgment on whether to expel
Zimbabwe as a member but pledged to revisit the issue within six months. The
IMF board, which has twice before put off an expulsion verdict for Zimbabwe,
said it deferred acting on the country's membership status because of recent
arrears payments and some small exchange rate and monetary policy steps.
"This decision provides Zimbabwe with a further opportunity to strengthen
its cooperation with the IMF in terms of economic policies and payments," the
fund said in a statement. The IMF began a process to revoke Zimbabwe's
membership in December 2003 after the government fell back on debt repayments to
the global lender. The executive board has twice since -- in July 2004 and
February 2005 -- postponed recommending that Zimbabwe be stripped of its fund
membership, a move likely to further isolate the beleaguered southern African
country. Compulsory withdrawal is the final step in a series of escalating
measures that the IMF applies to members failing to meet their obligations under
the fund's articles of agreement. The IMF has forced out only one country --
the former Czechoslovakia -- in its more than 60-year history. Six years of
rapid economic decline has left Zimbabwe with unemployment of more than 70
percent, triple-digit inflation and acute food and fuel shortages. Its
economic crisis has been worsened by the withdrawal of aid by key donors who
cited policy differences with President Robert Mugabe, especially his forcible
redistribution of white-owned commercial farms among blacks. Mugabe, in
power since Zimbabwe's independence in 1980, denies he has misruled the country
and says opponents of his land reforms have sabotaged the economy. He has
recently sought financial aid from neighbor South Africa and China. The IMF
board, which said it would reconsider whether to expel Zimbabwe within six
months, said the country needed widespread fiscal, monetary and exchange rate
reforms to reverse its economic woes. advertisement

"There is a significant risk that unless strong macroeconomic policies are
undertaken without delay, economic and social conditions could deteriorate
further," it said. "Providing adequate social safety nets and food security for
vulnerable groups ... are also critical priorities." Zimbabwe, which has
been in continuous arrears to the IMF since February 2001, paid the fund $120
million last week but still owes about $175 million. Last week's unexpected
payment, which contributed to the board's decision to postpone an expulsion
move, raised questions about how the government had raised money when the
country was facing a shortage of foreign currency. The government said the
funds came from export earnings, inflows from expatriate Zimbabweans and locals
working for foreign-owned organizations who are paid in foreign currency.
The IMF said Harare has indicated it intends to fully eliminate its arrears
to the fund by November 2006.

Zimbabwe Makes Partial Payment on Debts

By HARRY DUNPHY

The
Associated PressFriday, September 9, 2005; 8:50 PM

WASHINGTON -- The International Monetary Fund's executive board decided
Friday to defer a decision on whether to expel Zimbabwe after the southern
African nation made a surprise partial payment last week of millions of dollars
toward arrears.

The IMF board said the decision "provides Zimbabwe with a further
opportunity to strengthen its cooperation with the IMF in terms of economic
policies and payments."

The board said it will take up Zimbabwe's expulsion within six
months.

Zimbabwe's economy has been in free fall since March 31 parliamentary
elections, widely seen as fraudulent, gave embattled President Robert Mugabe's
African National Union-Patriotic Front 55 of parliament's 120 elected
seats.

The decision not to expel Zimbabwe now will provide a boost for Mugabe,
who could portray it as a victory over the United States and Britain, which he
repeatedly portrays as his enemies.

Zimbabwe's $120 million payment to the IMF last week was a factor in
the decision, the board said, as well as economic changes Zimbabwe had made
since the IMF last reviewed its economy in February. Zimbabwe has asked its
neighbor, South Africa, for help in meeting its remaining obligation to the IMF
of $175 million.

One Zimbabwe dollar was worth $2 U.S. when Rhodesia became Zimbabwe in
1980. In a recent "managed auction" conducted by the central bank, $1 U.S.
bought 18,003-24,025 Zimbabwe dollars.

The IMF board stressed that Zimbabwe needs to provide adequate social
safety nets and food security for vulnerable groups. An estimated 4 million of
Zimbabwe's 12.5 million people need food aid in what used to be southern
Africa's breadbasket.

The Executive Board of the International Monetary Fund
(IMF) has reviewed Zimbabwe's overdue financial obligations to the IMF and
further considered the Managing Director's complaint regarding Zimbabwe's
compulsory withdrawal from the IMF
Taking into account Zimbabwe's increased payments to the IMF and its initial
policy steps since the last review in February 2005, the Executive Board decided
to postpone a recommendation to the IMF's Board of Governors with respect to
Zimbabwe's compulsory withdrawal from the IMF. This decision provides Zimbabwe
with a further opportunity to strengthen its cooperation with the IMF in terms
of economic policies and payments. The Executive Board will consider again the
Managing Director's complaint regarding Zimbabwe's compulsory withdrawal from
the IMF within six months.

The Executive Board welcomed Zimbabwe's payments of US$131 million to the IMF
since the last review, which resulted in a significant decline in the country's
arrears to the IMF. The Board also noted the authorities' intention to fully
eliminate arrears to the IMF by November 2006.

The Executive Board noted that Zimbabwe has taken some initial policy
measures in the area of exchange rate and monetary policies since the last
review, but concluded that these fell well short of what is needed to address
Zimbabwe's economic difficulties. It warned that there is a significant risk
that unless strong macroeconomic policies are undertaken without delay, economic
and social conditions could deteriorate further. The Executive Board urged
Zimbabwe to adopt and implement a comprehensive and coherent adjustment program
as a matter of urgency, in the areas of fiscal, monetary, and exchange rate
policies and structural reforms. The Board also stressed that providing adequate
social safety nets and food security for vulnerable groups, including those
affected by "Operation Restore Order" and HIV/AIDS, are also critical
priorities.

Zimbabwe has been in continuous arrears to the IMF since February 2001. As of
September 8, 2005, Zimbabwe's arrears to the IMF amounted to SDR 119 million
(about US$175 million), or about 34 percent of its quota in the IMF. Of this
amount, SDR 37 million (about US$54 million) is owed to the General Resources
Account and SDR 82 million (about US$121 million) to the PRGF Trust. Compulsory
withdrawal is the last step in a series of escalating measures that the IMF
applies to members that fail to meet their obligations under the Articles of
Agreement.

ON
SEPTEMBER 9th, the IMF is to decide whether to expel Zimbabwe from itsranks
for not paying its debt and for grossly mismanaging the economy. Thecountry
has not received any money from the IMF since 1999 and has alreadylost its
right to vote on the board. But last week, in a surprise move, itsgovernment
paid $170m out of the $295m or so it owes the Fund. Whether ornot this is
enough to reverse the automatic expulsion process, it maypersuade the IMF
board to postpone a final decision for another six months.While the payment
may make life even more miserable for ordinaryZimbabweans, it may give their
beleaguered president, Robert Mugabe, furthermeans to go on ignoring foreign
pressure.

His government made the last-minute effort to find the money
itself in orderto avoid having to rely on South Africa to tide it over.
President ThaboMbeki looked as if he would come to his neighbour's rescue
once again, witha loan; but this time it would have had strings attached,
marking a distinctshift in policy. Loan negotiations were said to have
included insistentchats about economic and political reform, though the
South Africangovernment has been loth to talk about "conditions".

So
Mr Mugabe and his ruling ZANU-PF may breathe again, at least for a
while.They have said that talks with the opposition, thought to be part of
SouthAfrica's demands, are out of the question. On August 30th, the
parliament,controlled by the ruling party, amended the constitution: a
senate is to becreated, landowners will no longer have legal recourse
againstexpropriation, and opponents can be stripped of their
passports.

South Africa

Human
rights

The World Bank and the IMF

Mr
Mugabe's efforts to find money elsewhere seem to have largely failed.
Hisrecent trip to China has not produced the cash he had hoped for; no
othercountry seems keen to sign a cheque. Despite China's interest in
minerals,Zimbabwe is of no great strategic importance; Mr Mugabe's
"look-East" policyis unlikely to bring the investment so badly
needed.

The government made the IMF payment by mopping up just enough
foreignexchange from local exporters. As a result, unless some more hard
currencyshows up quickly, food and fuel shortages may get worse; this week
the priceof petrol doubled. In an effort to fend off the continuing
crisis,Zimbabwe's official exchange rate was devalued in June, interest
ratesnudged up and measures to cut the budget deficit were announced. But
overallthe economy is still a mess; it will take more than monetary and
fiscaltinkering to stop descent into total ruin. The country's GDP has
shrunk athird since 2000; inflation, at last count, was running at 254% a
year.About a quarter of Zimbabwe's estimated 12m-plus people are thought to
haveemigrated. The UN says that Mr Mugabe's recent drive to "clear out"
thecities by expelling black-marketeers and destroying houses said to have
beenbuilt without permission has left at least 700,000 more people
destitute.

Getting by on nothingThe suffering of ordinary
people is growing. The UN World Food Programmereckons that 4m of them will
need food aid by March, but is short of funds.The South African Council of
Churches collected blankets and food to supportthose left homeless by the
government's urban clearances, but distributionhas been delayed by
government demands for proof that the food has not beengenetically modified
and by extra paperwork over import-duty exemption. Lackof foreign exchange
may eventually force Mr Mugabe to start makingconcessions to his critics.
But Zimbabwe's people may have become inured totheir hardship, and some bits
of the economy-mining, for instance, whichbrings in hard cash-still
function. It is difficult to say when thegovernment will run out of money
completely.

Neither sanctions by the European Union and the United States
nor SouthAfrica's soft approach have persuaded Mr Mugabe to change course.
He hasrebuffed an attempt by Nigeria's president, Olusegun Obasanjo, the
AfricanUnion's current chairman, to send an envoy to talk sense into him.
And theprospect of Zimbabwe imploding in chaos on its doorstep may weaken
SouthAfrica's new resolve to squeeze Mr Mugabe. Without more pressure
fromabroad, especially from South Africa, Mr Mugabe can concentrate on
squashingopposition at home. Despite the growing misery around him, he does
not seemto be on his last legs yet.